STATE Vs. RADHAKRISHNA

JUDGEMENT

(1.) A reference has been made by the Special Judge of Special Court, Bhind constituted under the M.P. Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 (for short 'the Adhiniyam'), under sub-section (2) of Section 395 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') on the question that where a Special Court has been constituted under the Adhiniyam and another Special Court has been constituted under the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act') and only one charge-sheet is filed for the trial of the offences under the Adhiniyam and the Act, then which Court has jurisdiction to try the case ?.

(2.) According to reference, the Crime No.312/02 has been registered by Police Station City Kotwali, Bhind against three accused under Sections 364-A, 302, 120-B of I.P.C., 3(2)(v) of the Act and 11/13 of the Adhiniyam. The charge-sheet has already been filed in the Special Court, who is authorised to try the offences punishable under the Adhiniyam. At the time of filing of the charge-sheet, the Special Court was vacant but the case No. 100/04 was registered in that Special Court in absence of the Presiding Judge of the Court. It has been submitted in the reference that two separate Special Courts have been constituted separately to try the offences under the Act and the offences punishable under the Adhiniyam arise out of the area of Bhind District whereas one charge-sheet has been filed to try the offences which are triable by two different Special Courts.

(3.) The notices were sent to all the three accused of the case, but they did not prefer to come before this Court and instead, they requested that their case may be transferred to any of the Courts.